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Probate works differently in every state, and Texas is no exception. In fact, Texas has several unique laws that can make the probate process faster, simpler, or—depending on the situation—a bit more complicated. Whether you’re planning or dealing with the loss of a loved one, understanding how probate works in Texas can help you avoid confusion and protect your family’s interests.
Here’s what makes Texas probate law stand out—and what you need to keep in mind as you move forward.
Independent vs. Dependent Administration
One of the most critical differences in Texas probate is the option for independent administration. This allows the executor to handle most tasks—like paying debts and distributing property—without constant court supervision. It saves time, money, and a lot of frustration.
On the other hand, dependent administration requires the court’s approval for nearly every action. It’s more formal and can be helpful in situations involving disputes, unclear wills, or complex assets.
Independent administration is possible if:
- The will explicitly allows it
- All heirs agree to it
Dependent administration is often required if:
- The will doesn’t address the administration type
- There’s a conflict among heirs
Muniment of Title
Texas offers a simplified probate option called muniment of title. It’s available when there’s a valid will, no outstanding debts (besides a mortgage), and no need for complete estate administration. Instead of an entire probate process, the will is used to directly transfer property—especially real estate—into the names of the beneficiaries.
This shortcut isn’t available in every state and can be a big time-saver when it applies.
Holographic Wills
Texas recognizes holographic wills, which are handwritten and signed by the person creating the will (the “testator”). These don’t require witnesses to be valid, but they must meet specific criteria:
- The entire document must be in the testator’s handwriting
- It must clearly state how assets should be distributed
- It must be signed
While convenient in emergencies, holographic wills often create confusion later. That’s why it’s still a good idea to work with a lawyer whenever possible.
Community Property Considerations
As a community property state, Texas treats most assets acquired during marriage as jointly owned. When one spouse passes away, only their half of the community property is subject to probate—the surviving spouse automatically keeps their half.
Understanding the difference between separate and community property is essential when dividing assets during probate, especially in blended families or second marriages.
No-Contest Clauses in Wills
Texas law allows wills to include no-contest clauses, which are designed to discourage people from fighting over the estate. These clauses threaten to revoke a person’s inheritance if they challenge the will.
But there’s a catch: if someone contests the will with just cause and in good faith, Texas courts may choose not to enforce the clause. It’s a delicate balance between honoring the will and protecting rightful claims.
Statutory Probate Courts
In more populated counties—like Dallas, Tarrant, and Harris—Texas has statutory probate courts that exclusively handle probate, guardianship, and related matters. These courts are staffed by judges with deep experience in probate law and help streamline the process.
Smaller counties don’t have dedicated probate courts, so probate matters are handled by county or district courts instead.
Small Estate Affidavits
For smaller estates, Texas allows a simplified process using a small estate affidavit—a tool that lets heirs avoid formal probate entirely. To qualify:
- The estate must be worth $75,000 or less (excluding the homestead and exempt property)
- There must be no will requiring complete administration
- All heirs must be legally entitled to inherit
This option can save significant time and money, but eligibility is strict and must be confirmed before proceeding.
Work With a Firm That Knows Texas Probate Inside and Out
Probate in Texas has some real advantages—but only if you know how to use them. At the Law Office of Carey Thompson, we help families across Dallas-Fort Worth and surrounding areas make sense of the probate process. Whether you’re trying to settle a loved one’s estate, resolve a dispute, or plan to avoid probate altogether, we’ll guide you through each step with clarity and compassion.
We know this isn’t just a legal process—it’s personal. That’s why we take the time to listen, explain your options clearly, and help you make the right decisions for your family. If you need help with probate in Texas, we’re here when you’re ready.